§ 14301.
(f)
Nonconsideration of Officers Scheduled for Removal From Reserve Active-status List.—
The Secretary of the military department concerned may, by regulation, preclude from consideration by a selection board by which an officer would otherwise be eligible to be considered, an officer who has an established separation date that is within 90 days after the date the board is convened or an approved retirement date.
(h)
Officers on Educational Delay.—
An officer on the reserve active-status list is ineligible for consideration for promotion, but shall remain on the reserve active-status list, while the officer—
(1)
is pursuing a program of graduate level education in an educational delay status approved by the Secretary concerned; and
(2)
is receiving from the Secretary financial assistance in connection with the pursuit of that program of education while in that status.
(Added [Pub. L. 103–337, div. A, title XVI, § 1611], Oct. 5, 1994, [108 Stat. 2931]; amended [Pub. L. 105–85, div. A, title V], §§ 503(b), (c), 514(b), Nov. 18, 1997, [111 Stat. 1724], 1725, 1732; [Pub. L. 105–261, div. A, title V, § 514], Oct. 17, 1998, [112 Stat. 2008]; [Pub. L. 106–65, div. A, title V, § 513(a)], title X, § 1066(a)(32), Oct. 5, 1999, [113 Stat. 593], 772; [Pub. L. 107–107, div. A, title V, § 505(c)(1)(B)], Dec. 28, 2001, [115 Stat. 1087]; [Pub. L. 107–314, div. A, title V, § 521], Dec. 2, 2002, [116 Stat. 2540]; [Pub. L. 112–81, div. A, title V, § 517], Dec. 31, 2011, [125 Stat. 1397]; [Pub. L. 115–232, div. A, title V], §§ 505(b), 513, Aug. 13, 2018, [132 Stat. 1743], 1752; [Pub. L. 118–159, div. A, title V], §§ 503(c), 505(a)(2), Dec. 23, 2024, [138 Stat. 1868], 1869.)